Whatley v. Citizens & Southern National Bank

Court of Appeals of Georgia

Whatley v. Citizens & Southern National Bank

172 S.E. 685, 48 Ga. App. 326, 1934 Ga. App. LEXIS 60

CourtCourt of Appeals of Georgia

DecidedJanuary 24, 1934

Docket23260

StatusPublished

This text of 172 S.E. 685 (Whatley v. Citizens & Southern National Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whatley v. Citizens & Southern National Bank, 172 S.E. 685, 48 Ga. App. 326, 1934 Ga. App. LEXIS 60 (Ga. Ct. App. 1934).

Pincite

Opinion

Stephens, J.

An agreement to settle a judgment, made between opposing counsel while a motion for a new trial was pending, where the motion was afterwards dismissed, constituted no ground for an affidavit of illegality to arrest a levy afterwards made to enforce the judgment, where the agreement, which was a settlement of the judgment for an amount less than its face value, was void because of absence of authority in [327]*327counsel for tlie plaintiff in error to agree upon tlie settlement. The affidavit of illegality was properly stricken.

Decided January 24, 1934. G. W. Foy, for plaintiff in error. Homer Beeland, contra.

Judgment affirmed.

Jenkins, P. J., and Sutton, J., concur.

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Stephens, J.

An agreement to settle a judgment, made between opposing counsel while a motion for a new trial was pending, where the motion was afterwards dismissed, constituted no ground for an affidavit of illegality to arrest a levy afterwards made to enforce the judgment, where the agreement, which was a settlement of the judgment for an amount less than its face value, was void because of absence of authority in [327]*327counsel for tlie plaintiff in error to agree upon tlie settlement. The affidavit of illegality was properly stricken.

Decided January 24, 1934. G. W. Foy, for plaintiff in error. Homer Beeland, contra.

Judgment affirmed.

Jenkins, P. J., and Sutton, J., concur.

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Bluebook (online)

172 S.E. 685, 48 Ga. App. 326, 1934 Ga. App. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whatley-v-citizens-southern-national-bank-gactapp-1934.